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NEWFOUNDLAND AND LABRADOR
REGULATION 95/00

Corner Brook Pulp and Paper Limited Exemption Order
under the
Electrical Power Control Act, 1994
and the
Public Utilities Act
(O.C. 2000-489 &
O.C. 2000-491)

(Filed October 31, 2000)

Under the authority of section 5.2 of the Electrical Power Control Act, 1994 and section 4.1 of the Public Utilities Act, the Lieutenant Governor in Council makes the following Order.

Dated at St. John's , October 19, 2000.

John R. Cummings, Q.C.
Clerk of the Executive Council

ORDER

Analysis



Short title

        1. This order may be cited as the Corner Brook Pulp and Paper Limited Exemption Order.

95/00 s1

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Definition

        2. In these regulations "project" means the project at Corner Brook in the province as described in section 3.

95/00 s2

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Exemption

        3. Corner Brook Pulp and Paper Limited and any lender providing financing to the project are exempt from all of the application of the Electrical Power Control Act, 1994 and the Public Utilities Act for all aspects of their activities pertaining to

             (a)  the design, engineering, planning, construction, commissioning, ownership, operation, management and control of equipment and facilities to be comprised of a new 15 megawatt cogeneration project and all associated facilities at the project;

             (b)  producing, generating, storing, transmitting, delivering or providing electric power and energy to or for Newfoundland and Labrador Hydro for compensation from the project;

             (c)  negotiating, concluding and executing any and all agreements for activities referred to in paragraph (b);

             (d)  raising and securing funds necessary to construct the project's facilities to generate or transmit power that is the subject of any power sale or distribution agreements, including without limitation the negotiation, conclusion and execution of any and all agreements and security documentation with any lender providing that financing to the project; and

             (e)  any agreements, contracts or instruments necessary or incidental to any activity described in this exemption.

95/00 s3

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Extension of exemption

        4. Notwithstanding section 3, this exemption extends to the successors of Corner Brook Pulp and Paper Limited only provided that the successor shall be a successor to both the pulp and paper mill at Corner Brook and the electrical generation facilities or plant at Corner Brook .

95/00 s4